BILL NUMBER: SB 1683	CHAPTERED  07/05/00

	CHAPTER   72
	FILED WITH SECRETARY OF STATE   JULY 5, 2000
	APPROVED BY GOVERNOR   JULY 5, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000

INTRODUCED BY   Senator Escutia
   (Coauthors:  Senators Alarcon, Costa, and Karnette)
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Cardoza,
Cedillo, Correa, Davis, Ducheny, Dutra, Gallegos, Hertzberg, Honda,
Jackson, Lempert, Longville, Lowenthal, Mazzoni, Nakano, Romero,
Scott, Shelley, Steinberg, Strom-Martin, Thomson, Torlakson,
Villaraigosa, Washington, Wayne, Wiggins, Wildman, and Zettel)


                        FEBRUARY 22, 2000

   An act to amend Sections 37252, 37253, 42239.1, and 42239.2 of, to
amend and repeal Section 37252.5 of, to add Sections 37252.2,
37252.8, and 37253.5 to, to add and repeal Section 37252.6, to repeal
Sections 42239.5 and 42239.6 of, and to repeal and add Section 42239
of, the Education Code, relating to instructional programs, and
declaring the urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1683, Escutia.   Instructional programs.
   Existing law requires a school district, and authorizes a charter
school, to offer summer school instructional programs for pupils who
do not demonstrate sufficient progress toward passing the high school
graduation exit exam.  Existing law authorizes these instructional
programs to be offered during the summer, after school, on Saturday,
or during intersession.
   This bill would rename summer school instructional programs as
supplemental instructional programs and would authorize the programs
also to be offered before school.
   Existing law requires a school district, and authorizes a charter
school, to offer direct, systematic, and intensive supplemental
instruction to a pupil who has been retained in his or her grade
level.  Existing law authorizes a school district or charter school
to require a pupil who has been retained to participate in the
instruction, with prescribed exceptions.  Existing law prohibits the
instruction from being offered during the regular instructional day
if it would result in the pupil being removed from classroom
instruction in the core curriculum.  Existing law prescribes a
maximum amount of funding for purposes of these programs.
   This bill would also require the governing board of each school
district to offer that supplemental instruction to pupils in grades 2
to 9, inclusive, who have been recommended for retention, thereby
imposing a state-mandated local program.  The bill would prohibit the
instruction from being offered during the regular instructional day
under any circumstances.  The bill would authorize the instruction to
be offered before school.  The bill would delete the provision
specifying a maximum amount of funding.
   The bill would authorize the governing board of each district
maintaining any or all of grades 2 to 9, inclusive, and any charter
school district to offer programs of direct, systematic, and
intensive supplemental instruction to pupils in grades 2 to 6,
inclusive, who have been identified as having a deficiency in
mathematics, reading, or written expression, based on the results of
the statewide achievement test administered pursuant to the
Standardized Testing and Reporting Program, and would prescribe
related matters.
   Existing law authorizes a school district and charter school that
offers supplemental instructional programs also to offer summer
school programs for instruction in mathematics, science, or other
core academic areas and would allow a school district or charter
school offering that instruction to apply to the Superintendent of
Public Instruction for a grant for specified purposes.
   This bill would instead authorize school districts and charter
schools to offer instructional programs in mathematics, science, or
other core academic areas.  The bill would set forth a maximum
entitlement of a school district or charter school for reimbursement
for pupil hours of attendance in supplemental instructional programs.

   Existing law sets forth a funding method for computing an amount
for summer school attendance of a school district or charter school
based on average daily attendance.
   This bill would delete those provisions and instead set forth a
funding method for supplemental instruction based on pupil hours of
supplemental instruction.
   Existing law expressly requires pupils in voluntary Saturday
school programs to be eligible for summer school apportionments.
   This bill would delete that provision.
   Existing law requires pupils in voluntary after-school programs in
multitrack year-round schools to be eligible for summer school
apportionments if the programs meet certain conditions.
   This bill would delete those provisions.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 37252 of the Education Code is amended to read:

   37252.  (a) The governing board of each district maintaining any
or all of grades 7 to 12, inclusive, shall offer, and a charter
school may offer, supplemental instructional programs for pupils
enrolled in grades 7 to 12, inclusive, who do not demonstrate
sufficient progress toward passing the exit examination required for
high school graduation pursuant to Chapter 8 (commencing with Section
60850) of Part 33.
   (b) Sufficient progress, as described in subdivision (a), shall be
determined on the basis of either of the following:
   (1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the State Board of
Education pursuant to Section 60648.
   (2) The pupils' grades and other indicators of academic
achievement designated by the district.
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Supplemental instruction may also be offered to a pupil who
was enrolled in grade 12 during the prior school year.
   (d) For the purposes of this section, pupils who do not possess
sufficient English language skills to be assessed, as set forth in
Sections 60850 and 60853, shall be considered pupils who do not
demonstrate sufficient progress towards passing the exit examination
required for high school graduation and shall receive supplemental
instruction designed to assist the pupils succeed on the high school
exit examination.
   (e) Instructional programs may be offered pursuant to this section
during the summer, before school, after school, on Saturday, or
during intersession, or in any combination of summer, before school,
after school, Saturday, or intersession instruction, but shall be in
addition to the regular schoolday.  Any minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or any pupil
18 years of age or older who states that he or she is unable to
attend a Saturday school program for religious reasons, shall be
given priority for enrollment in supplemental instruction offered at
a time other than Saturday over a pupil who is not unable to attend a
Saturday school program for religious reasons.
   (f) A school district or charter school offering supplemental
instructional programs pursuant to this section shall receive funding
as described in Section 42239 and in the annual Budget Act.
   (g) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
  SEC. 2.  Section 37252.2 is added to the Education Code to read:
   37252.2.  (a) The governing board of each school district
maintaining any or all of grades 2 to 9, inclusive, shall offer and a
charter school may offer programs of direct, systematic, and
intensive supplemental instruction to pupils enrolled in grades 2 to
9, inclusive, who have been recommended for retention or who have
been retained pursuant to Section 48070.5.  A school district or
charter school may require a pupil who has been retained to
participate in supplemental instructional programs.  Notwithstanding
the requirements of this section, the school district or charter
school shall provide a mechanism for a parent or guardian to decline
to enroll his or her child in the program.  Attendance in
supplemental instructional programs shall not be compulsory within
the meaning of Section 48200.
   (b) Supplemental educational services pursuant to subdivisions (a)
may be offered during the summer, before school, after school, on
Saturdays, or during intersession, or in a combination of summer
school, before school, after school, Saturday, or intersession
instruction.  Services shall not be provided during the pupil's
regular instructional day. Any minor pupil whose parent or guardian
informs the school district that the pupil is unable to attend a
Saturday school program for religious reasons, or any pupil 18 years
of age or older who states that he or she is unable to attend a
Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday, over a pupil who is not unable to attend a
Saturday school program for religious reasons.
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade.  Summer school instruction may also be offered to pupils who
were enrolled in grade 6 during the prior school year.  For ninth
grade pupils identified in subdivision (a), summer school instruction
may also be offered to pupils who were enrolled in grade 9 during
the prior school year.
   (d) Each school district or charter school shall use results from
tests administered under the Standardized Testing and Reporting
Program, established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 or other evaluative criteria to
identify eligible pupils pursuant to subdivision (b).
   (e) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction of reading comprehension, writing, and study skills.
   (f) Each school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
   (g) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year and as early
in their school careers as possible, and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
   (h) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
   (i) This section shall become operative on January 1, 2003.
  SEC. 3.  Section 37252.5 of the Education Code is amended to read:

   37252.5.  (a) The governing board of each district maintaining any
or all of grades 2 to 9, inclusive, shall offer, and a charter
school may offer, programs of direct, systematic, and intensive
supplemental instruction to pupils enrolled in grades 2 to 9,
inclusive, who have been recommended for retention or who have been
retained pursuant to Section 48070.5.  A school district or charter
school may require a pupil who has been retained to participate in
supplemental instructional programs.  Notwithstanding the
requirements of this section, the school district or charter school
shall provide a mechanism for a parent or guardian to decline to
enroll his or her child in the program.  Attendance in supplemental
instructional programs shall not be compulsory within the meaning of
Section 48200.
   (b) The governing board of each district maintaining any or all of
grades 2 to 6, inclusive, and each charter school, may offer direct,
systematic, and intensive supplemental instruction to pupils
enrolled in any of grades 2 to 6, inclusive, who have been identified
as being at risk of retention pursuant to Section 48070.5.
   (c) Supplemental educational services pursuant to subdivisions (a)
and (b) may be offered during the summer, before school, after
school, on Saturdays, or during intersession, or in a combination of
summer school, before school, after school, on Saturday, or
intersession instruction. Services shall not be provided during the
pupil's regular instructional day. Any minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or any pupil
18 years of age or older who states that he or she is unable to
attend a Saturday school program for religious reasons, shall be
given priority for enrollment in supplemental instruction offered at
a time other than Saturday over a pupil who is not unable to attend a
Saturday school program for religious reasons.
   (d) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade.  Summer school instruction may also be offered to pupils who
were enrolled in grade 6 during the prior school year.  For ninth
grade pupils identified in subdivision (a), summer school instruction
may also be offered to pupils who were enrolled in grade 9 during
the prior school year.
   (e) Each school district or charter school shall use results from
tests administered under the Standardized Testing and Reporting
Program, established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 or other evaluative criteria to
identify eligible pupils pursuant to subdivision (b).
   (f) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction of reading comprehension, writing, and study skills.
   (g) Each school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
   (h) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year and as early
in their school careers as possible, and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
   (i) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
   (j) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
  SEC. 4.  Section 37252.6 is added to the Education Code, to read:
   37252.6.  (a) The governing board of each school district
maintaining any or all of grades 2 to 6, inclusive, and any charter
school, may offer programs of direct, systematic, and intensive
supplemental instruction to pupils enrolled in grades 2 to 6,
inclusive, who have been identified as having a deficiency in
mathematics, reading, or written expression based on the results of
any test administered under the Standardized Testing and Reporting
Program established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33.
   (b) Supplemental educational services offered pursuant to this
section may be offered during the summer, before school, after
school, on Saturdays, or during intersession, or in a combination of
summer school, before school, after school, on Saturday, or
intersession instruction.  Services shall not be provided during the
pupil's regular instructional day.  Any minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or any pupil
18 years of age or older who states that he or she is unable to
attend a Saturday school program for religious reasons, shall be
given priority for enrollment in supplemental instruction offered at
a time other than Saturday, over a pupil who is not unable to attend
a Saturday school program for religious reasons.
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade.  Summer school instruction may also be offered to pupils who
were enrolled in grade 6 during the prior school year.
   (d) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction in reading comprehension, writing, and study skills.
   (e) Each school district or charter school shall seek the active
involvement of parents, legal guardians, and classroom teachers in
the development and implementation of supplemental instructional
programs provided pursuant to this section.
   (f) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year and as early
in their school careers as possible, and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
   (g) (1) The maximum amount of funding for the purposes of programs
offered pursuant to this section to serve pupils in grades 2 to 6,
inclusive, shall not exceed 5 percent of the statewide total
enrollment in grades 2 to 6, inclusive, for the prior fiscal year
multiplied by 120 hours, multiplied by the hourly rate for the
current fiscal year as determined pursuant to subdivision (c) of
Section 42239.
   (2) A school district or charter school that offers instruction
pursuant to this section shall be entitled to receive reimbursement
in an amount up to 5 percent of the district's or charter school's
total enrollment in grades 2 to 6, inclusive, for the prior fiscal
year multiplied by 120 hours, multiplied by the hourly rate for the
current fiscal year as determined pursuant to subdivision (c) of
Section 42239.
   (h) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
   (i) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 5.  Section 37252.8 is added to the Education Code, to read:
   37252.8.  (a) The governing board of each district maintaining any
or all of grades 2 to 6, inclusive, and any charter school, may
offer programs of direct, systematic, and intensive supplemental
instruction to pupils enrolled in grades 2 to 6, inclusive, who meet
either of the following criteria:
   (1) Pupils who have been identified as having a deficiency in
mathematics, reading, or written expression based on the results of
the tests administered under the Standardized Testing and Reporting
Program established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33.
   (2) Pupils who have been identified as being at risk of retention
pursuant to Section 48070.5.
   (b) Supplemental educational services offered pursuant to this
section may be offered during the summer, before school, after
school, on Saturdays, or during intersession, or in a combination of
summer school, before school, after school, Saturday, or intersession
instruction. Services shall not be provided during the pupil's
regular instructional day.  Any minor pupil whose parent or guardian
informs the school district that the pupil is unable to attend a
Saturday school program for religious reasons, or any pupil 18 years
of age or older who states that he or she is unable to attend a
Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday, over a pupil who is not unable to attend a
Saturday school program for religious reasons.
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade.  Summer school instruction may also be offered to pupils who
were enrolled in grade 6 during the prior school year.
   (d) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction of reading comprehension, writing, and study skills.
   (e) Each school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
   (f) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year, and as early
in their school careers as possible and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
   (g) (1) A school district or charter school that offers
instruction pursuant to this section shall be entitled to receive
reimbursement in an amount up to 5 percent of the district's or
charter school's total enrollment in grades 2 to 6, inclusive, for
the prior fiscal year multiplied by 120 hours, multiplied by the
hourly rate for the current fiscal year determined pursuant to
subdivision (c) of Section 42239.
   (2) The balance of the appropriation made for the purposes of
funding programs offered pursuant to this section to serve pupils in
grades 2 to 6, inclusive, shall be allocated for reimbursement of
pupil attendance in instruction pursuant to subdivision (a) that is
in excess of five percent, but not in excess of seven percent, of the
district's enrollment for the prior year in grades 2 to 6,
inclusive, multiplied by 120 hours, multiplied by the hourly rate for
the current fiscal year determined pursuant to subdivision (c) of
Section 42239.
   (h) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
   (i) This section shall become effective January 1, 2003.
  SEC. 6.  Section 37253 of the Education Code is amended to read:
   37253.  (a) The governing board of any school district and a
charter school may offer supplemental instructional programs in
mathematics, science, or other core academic areas designated by the
Superintendent of Public Instruction.
   (b) The Superintendent of Public Instruction shall adopt rules and
regulations necessary to implement this section, including, but not
limited to, the designation of academic areas other than mathematics
and science as core academic areas.
   (c) The maximum entitlement of a school district or charter school
for reimbursement for pupil hours of attendance in supplemental
instructional programs offered pursuant to this section shall be an
amount equal to 7 percent of the total enrollment of the school
district or charter school for the prior fiscal year multiplied by
120 hours, multiplied by the hourly rate for the current fiscal year,
as determined pursuant to subdivision (c) of Section 42239.
   (d) To the extent appropriated funding allows, a school district
or charter school may enroll more than 7 percent of its pupils, or
may enroll pupils for more than 120 hours per year, in supplemental
instructional programs offered pursuant to this section, if the total
state apportionment to the district or charter school for these
programs does not exceed an amount computed equal to 10 percent of
the total enrollment of the school district or charter school for the
prior fiscal year multiplied by 120 hours, multiplied by the hourly
rate for the current fiscal year, as determined pursuant to
subdivision (c) of Section 42239.
   (e) Instructional programs may be offered pursuant to this section
during the summer, before school, after school, on Saturday, or
during intersession, or in any combination of summer, before school,
after school, Saturday, or intersession instruction, but shall be in
addition to the regular schoolday.  Any minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or any pupil
18 years of age or older who states that he or she is unable to
attend a Saturday school program for religious reasons, shall be
given priority for enrollment in supplemental instruction offered at
a time other than Saturday, over a pupil who is not unable to attend
a Saturday school program for religious reasons.
   (f) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
  SEC. 7.  Section 37253.5 is added to the Education Code, to read:
   37253.5.  (a) The governing board of a school district or a
charter school offering supplemental instruction pursuant to Section
37253 may apply to the Superintendent of Public Instruction for
grants for the following purposes:
   (1) To establish staff development programs for teachers to
upgrade the academic and instructional skills of those teachers
providing instruction in the summer school program.
   (2) To establish a training program in which persons enrolled in a
postsecondary educational institution or teacher training program
and who intend to teach mathematics, science, or other core academic
areas designated by the Superintendent of Public Instruction provide
supervised instructional services.
   (b) To the extent feasible, programs established pursuant to
subdivision (a) shall be operated in cooperation with postsecondary
educational institutions, teacher education and computer centers, and
other appropriate institutions.
  SEC. 8.  Section 42239 of the Education Code is repealed.
  SEC. 9.  Section 42239 is added to the Education Code, to read:
   42239.  For the 2000-01 fiscal year, and each fiscal year
thereafter, the Superintendent of Public Instruction shall compute
funding for supplemental instruction for each school district or
charter school in the following manner:
   (a) Multiply the number of pupil hours of supplemental instruction
claimed pursuant to Sections 37252, 37252.2, and 37252.5 by the
pupil hour allowance specified in subdivision (c), or by a pupil hour
allowance specified in the annual Budget Act in lieu of the amount
computed in subdivision (c).
   (b) Multiply the number of pupil hours of supplemental instruction
claimed pursuant to Sections 37252.6, 37252.8, 37253, and 42239.6 by
the pupil hour allowance specified in subdivision (c), or by a
per-pupil hour allowance specified in the annual Budget Act in lieu
of the amount computed in subdivision (c).  The total number of pupil
hours of supplemental instruction that may be claimed pursuant to
Section 37253 may not exceed the limits on pupil hours that may be
claimed as established by subdivisions (c) and (d) of Section 37253.
The total number of pupil hours of supplemental instruction that may
be claimed pursuant to Section 37252.6 may not exceed the limits on
pupil hours that may be claimed as established in subdivision (g) of
that section.
   (c) Commencing with the 2000-01 fiscal year, hours of supplemental
instruction shall be reimbursed at a rate of three dollars and 25
cents ($3.25) per pupil hour, adjusted in future years as specified
in this section, provided that a different reimbursement rate may be
specified for each fiscal year in the annual Budget Act that
appropriates funding for that fiscal year.  This amount shall be
increased annually by the percentage increase pursuant to subdivision
(b) of Section 42238.1 granted to school districts or charter
schools for base revenue limit cost-of-living increases.
   (d) (1) If appropriated funding is insufficient to pay all claims
made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts
pursuant to Section 37252, 37252.2, 37252.5, or subdivision (d) of
Section 37253.
   (2) If appropriated funding is still insufficient to pay all
claims made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts for
supplemental instruction in the prior fiscal year.
   (3) If appropriated funding is still insufficient to pay all
claims made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts for
supplemental instruction in the current fiscal year.
   (4) The superintendent shall notify the Director of Finance that
there is a deficiency of funding appropriated for the purposes of
Sections 37252, 37252.2, and 37252.5 only after the superintendent
has exhausted all available balances of appropriations made for the
current or prior fiscal years for the reimbursement of school
districts for supplemental instruction.
   (e) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
  SEC. 10.  Section 42239.1 of the Education Code is amended to read:

   42239.1.  (a) For the 1999-2000 fiscal year and each fiscal year
thereafter, each school district shall be  eligible for reimbursement
for hours of pupil attendance claimed for intensive reading programs
offered pursuant to Article 1 (commencing with Section 53025) of
Chapter 16 of Part 28 of the Education Code in an amount up to 10
percent of the district's total enrollment in kindergarten and grades
1 to 4, inclusive, for the prior fiscal year multiplied by 120
hours, multiplied by the hourly rate for the current fiscal year
determined pursuant to subdivision (c) of Section 42239.  This amount
shall be provided in addition to amounts claimed pursuant to
Sections 37252, 37252.2, 37252.5, 35252.6, 37252.8, and 37253.
   (b) When expending funds received pursuant to this section a
school district shall give first priority for the purpose specified
in paragraph (1) of subdivision (c) of Section 53027.
  SEC. 11.  Section 42239.2 of the Education Code is amended to read:

   42239.2.  (a)  The Superintendent of Public Instruction shall
allocate a minimum of six thousand seven hundred sixty-six dollars
($6,766) for supplemental summer school programs established pursuant
to Article                                                    1
(commencing with Section 53025) of Chapter 16 of Part 28, from funds
appropriated therefor in each school district for which the prior
fiscal year enrollment was less than 500 units of average daily
attendance and that offers at least 1,500 hours of supplemental
summer school instruction.  A school district for which the prior
fiscal year enrollment was less than 500 units of average daily
attendance that offers less than 1,500 hours of supplemental summer
school offerings shall receive a proportionately reduced allocation.

   (b) Minimum allocations for supplemental summer school programs
required pursuant to subdivision (a) shall be adjusted for inflation
in the 2000-01 fiscal year, and each fiscal year thereafter, in
accordance with Section 42238.1.
   (c) For purposes of this section a charter school is a schoolsite
and is not a school district.
   (d) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
  SEC. 12.  Section 42239.5 of the Education Code is repealed.
  SEC. 13.  Section 42239.6 of the Education Code is repealed.
  SEC. 14.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 15.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to make the necessary statutory changes to implement the
annual Budget Act, it is necessary that this measure take effect
immediately as an urgency statute.
